The notice was issued because of the miner’s repeated significant and substantial (S&S) violations at its No. 2 mine, the rate of which it failed to reduce after a warning and evaluation period.
“This operator had a pattern of exposing miners to potentially life-threatening injuries and illnesses in violation of the law and was given every opportunity to turn around its safety record but failed to do so," said acting assistant secretary of labour for mine safety and health Richard Stickler.
“Hopefully, this stronger enforcement action will induce the operator to implement the necessary improvements at its operation to prevent potentially serious or fatal harm to miners."
Patriot was targeted initially as a potential POV operator on June 16 of this year.
“In order to avoid being placed on a pattern of violations, each operation had an opportunity to review and comment on the documents upon which the potential pattern of violations was based, and develop and implement a written corrective action plan to reduce significant and substantial (S&S) violations in order to be removed from the potential pattern category,” the agency noted of its process.
“During the evaluation period, MSHA closely monitored the affected mines' compliance records. Since Patriot Mining failed to significantly reduce its violation frequency rate, MSHA issued the notice.”
The agency also said that the mine’s next inspection would be subject to a withdrawal order for the area where each S&S violation is found. The order can be lifted when the condition has been rectified.
“The mine operator will be removed from a pattern of violations when an inspection of the entire mine is completed and no S&S violations are found or no withdrawal order is issued by MSHA in accordance with Section 104(e)(1) of the Mine Act within 90 days of the issuance of the pattern notice,” Stickler said.
MSHA has conducted a review of all mines since June 2007 and since that time has placed 43 operations on watch for a potential pattern of violations. Patriot Mining has been the only operator to not “significantly” improve its compliance records, the agency said.
Patriot’s mine produces about 121,000 tons per year, according to federal statistics.
